Terms & Conditions
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Website Terms of Use
Visitors to our website are required to accept the following terms and conditions in return for the information given to them on this website.
- We use our reasonable efforts to include accurate and up to date information on all pages of our website. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.
- The information on the pages of this website has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
- You agree that the material downloaded or otherwise accessed through the use of the web pages on our website is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
- We do not accept any liability in connection with any third party websites which may be linked or accessible through our own website and we do not endorse or approve the contents of any such site.
- In relation to a dispute arising out of this website you the user and YachtProjects International agree to submit exclusively to the jurisdiction of the courts of England and Wales.
- Except where expressly stated to the contrary the text and graphics in the information contained in this website is the copyright of YachtProjects International.
- You may download or print out individual selections of the web pages on our website only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of this website or the information contained in it or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited.
- The entire contents of this website remains our property and is copyright with all rights reserved.
Privacy Policy
Information Collection and Use
YachtProjects International is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others. YachtProjects International collects information from our users at several different points on our website.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Security
This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line.
We do not ask for sensitive information such as credit card numbers online.
We do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, billing or customer services) are granted access to personally identifiable information.
Supplementation of Information
YachtProjects International does not share any information we receive from this website with any third party sources.
Site and Service Updates
We may send the user site and service announcement updates. Customers are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Notification of Changes
If we decide to change our privacy policy, we will post those changes on this page so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
General Terms and conditions
1. Introduction.
The terms and conditions of YachtProjects International LLCs’ End User Agreement (“Agreement”) apply to any parts and all Services made available by YachtProjects International LLC
(YP), including any of its wholly owned subsidiaries. This, in association with any attached addendums, forms a contract between YP and each client referenced in any estimate, quote, invoice or solution document and thus binds the client for the terms set out within these documents.
2. Agreement Content.
By purchasing a part or Service, Client agrees to abide by the terms and conditions of this
Agreement and the terms of the applicable cost, pricing plan and/or rate sheets associated
with the particular part of Service(s) selected by the client. YP shall not be bound by Subscriber’s terms and conditions in Subscriber’s purchase order with Service Providers or elsewhere.
3. Service Description.
A “Service” may consist of any form of mobile communications service, such as remote access, Internet access, voice, data, facsimile and video supplied by YP. The Service may also
consist of a Voice over Internet Protocol (“VoIP”) service supplied by YP, but excludes VoIP
services provided by third parties, which are prohibited by the terms of this Agreement. YP
may also provide a cellular roaming service, which is made available through a third party
Service Provider under a separate contract and is not a part of the Service. YP may supply an
Airtime Service to Subscribers using networks of various Service Provider(s).
4. Part Description
A part may consist of individual components or a number of assembled or supplied individual
parts that make up a hardware solution solely supplied by YP to the Client. This explicitly excludes any legacy parts that may be part of a solution supplied to the client.
5. Security Deposit.
In addition to information supplied by client YP may obtain client credit information from trade
references and credit reporting agencies, and such other sources as YP deems necessary or
appropriate. Based on this information and other factors YP deems relevant to clients creditworthiness, including without limitation clients payment history and/or usage patterns, YP may
require client to make a security deposit as a payment guarantee. Such deposit shall be subject to increase or decrease as YP deems necessary (including based upon unusual or excessive usage) and shall not accrue interest unless required by law.
Such deposit is not a credit against any payment obligations. YP will refund clients deposit
upon termination of service. At YP’s sole discretion, client may receive Service prior to a credit
review without waiving YP’s right to demand a security deposit from client and Service may be
discontinued by YP should client not satisfy YP’s security deposit demand
6. Operation of clients Account.
Client shall promptly notify YP of any changes in clients account information. All invoices and
important notices are sent to client via electronic mail at the address indicated on the Activation Form , PO or accepted address on an estimate , quote or invoice and not receiving these
documents will neither release client of its obligations under this Agreement, nor be deemed a
valid excuse for non-payment. Failure by client to provide YP with accurate, complete, or updated account information in writing shall constitute a material breach of this Agreement, and
may result in immediate termination of this Agreement or suspension of clients account by YP.
Client may notify YP in writing at any time of clients designation of another person as an authorised user(s) of clients account.
If Client makes such designation, client gives YP permission to:
• Provide account information and services directly to such user(s) to the extent such informa-
tion and services would otherwise be available to client, and
• Make changes to clients account as may be requested by such user from time to time in writing.
Client agrees to accept financial responsibility for all decisions and changes made by such
user(s) relating to clients account. Client may remove an authorised user(s) from the account
at any time by notifying YP in writing. Client requests to start, change, or discontinue Service
will be accepted by YP only from client or its authorised user.
Invoices will be sent to the email address above and will be “in advance”. Any sundry accounts
such as VIOP usage if taken, will be in arrears and all invoices must be paid by wire transfer
on demand, The deposit credit card will be run if funds are not received within 7 days of invoice
7. Remedial Obligations
If client believes that there has been any violation of any rights in terms of supply of the parts,
warranty ( Not withstanding our warranty terms which must be read in conjunction with these
general conditions ) or any service the client shall contact YP immediately in writing ( email
accepted) and provide:
• The nature of the alleged violation, along with any supporting evidence;
Where a violation of the use of Service restrictions is found to have occurred, YP shall have
full discretion to determine the response that is appropriate in the circumstances, including any
one or more of the following actions:
• Suspend the Clients Services
Where a violation of any rights in terms of incorrect supply of parts is found to have occurred,
YP shall have full discretion to determine the response that is appropriate in the circumstances, including any one or more of the following actions
Replace the parts at no cost to the client
Replace the parts at a shared cost to the client
And in all cases the terms of our warranty agreement take precedence.
8. Use and Control of Information.
YP or its Service Providers may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, load, sell or otherwise share with other persons or entities
client account information as well as aggregated information.
Aggregated information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data
which do not rely on providing to recipients the identity of any particular user of the Service.
This shall not be construed to limit YP use of other information not addressed in this Section
19. YP and its Service Providers will be free, in their reasonable good faith discretion and
without notice, to provide client and user information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten policy or the rights of any person
or entity, and to maintain and use internally such information and records. Information generated by or in connection with YP administration of the Service shall be and remain the exclusive property of YP.
20. Communications with client
YP may from time to time provide online, facsimile, telephone, e-mail, mail and other communications to Subscriber on matters pertaining to the Service, its features, its sponsors or its
use. Subscriber acknowledges that communications with YP, its representatives and its contractors may be monitored or reviewed, without notice, for quality control and other reasonable
business purposes.
21 Privacy Limitations
Client understands that data communications transmitted over wireless systems and the Internet may not be completely private or secure and YP makes no warranties regarding the privacy of communications. Client consents to YP or its Service Providers monitoring Subscriber’s
account activity in order to resolve billing queries, prevent and minimise fraud or misuse and
ensure the quality of the Service
22 Proprietary Rights
Except to the extent the same is determined to be part of the public domain, all content available through or distributed over any Service is subject to copyright, database protection, and
other rights under applicable laws. Unauthorised use of such content may violate copyright,
trademark and other laws. Client may not copy, distribute, transmit or publish such content in
any form, including printed, electronic, digitised, audio or otherwise, or modify all or any portion of such content without the prior written consent of the copyright owner. Client infringement of any third party intellectual property rights shall be a breach of these terms and conditions
23 Taxes, Fees, and Billing.
Client shall be solely liable for the payment of all fees relating to parts and Services and applicable taxes and regulatory fees (including but not limited to fees associated with universal
service or other governmental programs or assessments), without setoff, deduction for payment processing or counterclaims. Any banking fees must be settled by client
Client is responsible for the payment of charges for all Services furnished to client under
these terms and conditions
24 Payment.
Client remains responsible for all charges charges. There will be an additional late payment
charge of 1.5% per month (or the maximum rate allowed by law) on the past due amount if
credit card payments are rejected or billing is not settled. There will be an additional charge of
US dollars ($) 25.00 for any rejection of any charge to a credit card. Even if an invoice is disputed, client must pay the invoice within the due date and must notify YP in writing of the dispute, together with the legal basis for such dispute, within thirty (30) calendar days after the
invoice due date. Any claims received by YP later than thirty (30) calendar days after the invoice due date may be rejected by YP. YP will respond to client within thirty (30) calendar days
after receipt of the written notice of dispute, advising on the action being taken to resolve the
dispute. Failure by YP to respond within thirty (30) calendar days from receipt shall not be a
breach of YP’s responsibilities under the terms and conditions. If YP accepts the claim from
Subscriber, YP shall issue a credit note to the client within sixty (60) calendar days from acceptance of the claim.
Client is responsible for notifying YP of any changes to credit card information. Subscriber authorises YP to refer its account, if past due, to attorneys and/or collection agencies for further
action and to notify credit reporting agencies of any defaults in accordance with law. Client
shall also pay any and all costs, expenses, fees and commissions incurred by YP in collecting
unpaid amounts, as allowed by law
25. Exclusion of Warranties
YP warrants that it will use reasonable commercial efforts to provide the parts and Service to
client .
26. Licenses.
Client agrees to abide by all of the current regulations in effect in countries where the Terminal Equipment, client Equipment or Service may be used, including licensing requirements. YP
will not be responsible or liable for any operational restrictions, customs, license or permit fees
required for operation of the Services in the destination country. In addition, YP shall have no
responsibility or liability for fines associated with the Terminal Equipment, or client Equipment
seizure or for legal ramifications of using the Terminal Equipment, client Equipment or Service
in countries where it is prohibited.
27 Limitations of Liability
Exclusions.
In any event, neither YP nor its parts and Service Providers, employees, shareholders, directors, officers or agents shall have any liability whatsoever for:
• Interruptions or defects in parts or service which affect clients for less than twenty-four (24)
continuous hours;
• Any indirect, punitive, special, incidental or consequential damages or losses, including but
not limited to lost revenue, lost profits, loss of business or goodwill, loss of use, replacement
goods, cost of replacement goods, loss of technology, rights or services, loss, corruption or
alteration of information, software, hardware, files or data, or interruption or loss of use of
service or equipment, whether or not YP has been apprised thereof.
28 Subscriber Indemnity.
Client agrees to indemnify, hold harmless, and defend YP, its Subsidiaries, affiliates, licensors, Service Providers, shareholders, directors, officers, employees and agents from and
against any claims relating to or arising out of clients breach of these terms and conditions or
clients installation, use or misuse of parts or Service, used in connection with the solutions
provided by YP Client agrees to reimburse, indemnify and hold harmless YP for any and all
Costs, expenses and reasonable attorney’s fees incurred by YP in defending any claims relating to clients misuse of the parts or Service,
29 Force Majeure
YP shall not be liable for and will not be responsible to client for any delay or failure to perform under these terms and conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, hurricane, casualty or accident, lack or failure of transportation facilities and/or services, lack of failure or telecommunications facilities and/or services including
Internet services and satellite services, vandalism, epidemic, flood, drought, or by reason of
national emergency, war, terrorism, revolution, civil commotion, blockade, or embargo, delay
from suppliers, Act of God, any inability to obtain any requisite license, permit or authorisation,
or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any
government or by reason of any other cause whatsoever, whether similar or dissimilar to those
enumerated, beyond the reasonable control of YP.
30. Assignment client may not assign these terms and conditions or any of its rights and
obligations hereunder, to any other person, firm, agency, corporation or other legal entity without the prior written consent of YP. YP reserves the right to terminate or change these terms
and condition in the event of unauthorised assignment by client YP may change these terms
and conditions or any of its rights and obligations hereunder at any time
31 Governing Law
These terms and conditions are interpreted and construed pursuant to and governed by the
laws of the United Sates of America without regard to its conflict of laws principles. In the
event of any dispute arising hereunder is not settled within 90 days, then either party may request that the dispute be submitted for decision to the American Association of Mediation.
32 Waiver and Severability
Neither the waiver by either of the parties hereto of a breach of or a default under any of the
terms and conditions nor the failure of either of the parties, on one or more occasion, to enforce any of the provisions of these terms and conditions shall be construed as a waiver of
any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or
privileges hereunder. The provisions of this Agreement are severable and any determination of
invalidity or un enforceability of any one provision hereof shall have no bearing on the continuing force and effect of the remaining valid provisions hereof,
33 Notice
In the event client desires to provide notice to YP, as required by any of the terms and conditions herein or for any other reason, including any communication from client regarding termination, disputed debts and any instrument tendered as full satisfaction of an outstanding debt,
such notice shall only be deemed given when made in writing and sent certified mail to YachtProjects International LLC 7041 NW 15th St, Plantation, Florida 33313 and marked for the attention of the Accountant.
Any complaints or objections in relation to material posted by any client, or hosted in connection with the Service, should be directed to the following addressees: YachtProjects International LLC 7041 NW 15th St, Plantation, Florida 33313 and marked Attention: Accountant
for YachtProjects International LLC or via telephone to +1 912 695 0440.
34 Complete Agreement
These terms and conditions contain the entire Agreement between YP and client and supersede all prior statements, representations and agreements whether oral or written.client acknowledges that (s)he has relied on no oral or written representations made by or on behalf of
YP or any employee, director, officer.
35 Tampering with the Equipment
Subscriber agrees not to modify or otherwise tamper with the Service Equipment in any way,
including, but not limited to, changing the electronic serial number or equipment identifier of
the Equipment, or to perform a factory reset of the Equipment. Any such procedure will invalidate warranty.